Frequent Questions

Release notification for disposal into RCRA-regulated facility

Would disposal of a hazardous substance into a Resource Conservation and Recovery Act (RCRA) Subtitle C permitted facility or interim status facility be reportable?

No. The disposal of hazardous substances into a disposal facility in accordance with EPA regulations is not subject to CERCLA notification provisions. Where the disposal of wastes into permitted or interim status facilities is properly documented through the RCRA manifest system and RCRA regulations are followed, notification under CERCLA does not provide a significant additional benefit, if the facility is in compliance with all applicable regulations and permit conditions. For example, if a waste generator or building owner or operator properly disposes of lamps containing one pound or more of mercury into a RCRA-permitted facility during a 24-hour period, the generator or owner or operator would not be required to report the release under CERCLA. Where the person in charge knows that the facility is not in substantial compliance, that person must report the disposal of an RQ or more of a hazardous substance to the National Response Center. Of course, spills and accidents occurring during disposal that result in the release of an RQ or more of a hazardous substance must also be reported to the National Response Center.